November 28, 2006 – Federal Register Recent Federal Regulation Documents

Proposed Revocation of Class E Airspace; Adak, Atka, Cold Bay, Nelson Lagoon, Saint George Island, Sand Point, Shemya, St. Paul Island, and Unalaska, AK
Document Number: E6-20183
Type: Proposed Rule
Date: 2006-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revoke the Class E2 and E5 controlled airspace descriptions for Adak, Atka, Cold Bay, Nelson Lagoon, Saint George Island, Sand Point, Shemya, St. Paul Island, and Unalaska, AK. These locations lie within the boundaries of the Offshore Airspace Area Control 1234L. Since these airports lie within Control 1234L, the controlled airspace associated with these airports should be listed in the Control 1234L area description. A concurrent airspace action (docket 06-AAL-29) would incorporate this controlled airspace. There is one exception. The Class E2 surface area at Shemya, AK is no longer necessary and the docket 06-AAL-29 will not be carrying it forward. If both proposals are adopted there will be no change to controlled airspace, except for the revocation of the Shemya Class E surface area. The controlled airspace descriptions would be listed in paragraph 6007 of FAA Order 7400.9P, Airspace Designations and Reporting Points, Control 1234L.
Proposed Revision of Class E Airspace; Mekoryuk, AK
Document Number: E6-20182
Type: Proposed Rule
Date: 2006-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Mekoryuk, AK. Three new Standard Instrument Approach Procedures (SIAPs) are being developed for the Mekoryuk Airport. Amendments to a Departure Procedure (DP) and two SIAPs are also being developed. Adoption of this proposal wouldresult in revision of existing Class E airspace upward from 700 feet (ft.) above the surface at Mekoryuk Airport, Mekoryuk, AK.
Approval of the Clean Air Act, Section 112(l), Authority for Hazardous Air Pollutants: Asbestos Management and Control; State of New Hampshire Department of Environmental Services
Document Number: E6-20173
Type: Proposed Rule
Date: 2006-11-28
Agency: Environmental Protection Agency
The EPA is proposing to approve New Hampshire Department of Environmental Services' (NH DES) request to implement and enforce its regulation entitled ``Asbestos Management and Control'' in lieu of the Asbestos National Emission Standard for Hazardous Air Pollutants (Asbestos NESHAP) as it applies to certain asbestos-related activities. Upon approval, NH DES' rule will be federally enforceable and will apply to all sources that otherwise would be regulated by the Asbestos NESHAP with the exception of inactive waste disposal sites that ceased operation on or before July 9, 1981. These inactive disposal sites are already regulated by State rules that were approved by EPA on May 23, 2003. NH DES' request seeks to adjust the federal rules by demonstrating the equivalency of its rules to the federal requirements.
Proposed Revision of Class E Airspace; Gulkana, AK
Document Number: E6-20170
Type: Proposed Rule
Date: 2006-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Gulkana, AK. Two new Standard Instrument Approach Procedures (SIAPs) are being developed for the Gulkana Airport. Amendments to a Departure Procedure (DP) and two SIAPs are also being developed. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Gulkana Airport, Gulkana, AK.
Proposed Revision of Class E Airspace; Northway, AK
Document Number: E6-20165
Type: Proposed Rule
Date: 2006-11-28
Agency: Federal Aviation Administration, Department of Transportation
This action proposes to revise Class E airspace at Northway, AK. Two new Standard Instrument Approach Procedures (SIAPs) are being developed for the Northway Airport, and an SIAP and Departure Procedure (DP) are being amended. Adoption of this proposal would result in revision of existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Northway Airport, Northway, AK.
Pacific Fishery Management Council; Groundfish Allocation Committee Public Meeting
Document Number: E6-20163
Type: Proposed Rule
Date: 2006-11-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council's (Council) Groundfish Allocation Committee(GAC) will hold a working meeting which is open to the public.
Approval of the Clean Air Act, Section 112(l), Authority for Hazardous Air Pollutants: Asbestos Management and Control; State of New Hampshire Department of Environmental Services
Document Number: E6-20157
Type: Rule
Date: 2006-11-28
Agency: Environmental Protection Agency
The EPA is proposing to approve New Hampshire Department of Environmental Services' (NH DES) request to implement and enforce its regulation entitled ``Asbestos Management and Control'' in lieu of the Asbestos National Emission Standard for Hazardous Air Pollutants (Asbestos NESHAP) as it applies to certain asbestos-related activities. Upon approval, NH DES's rule will be federally enforceable and will apply to all sources that otherwise would be regulated by the Asbestos NESHAP with the exception of inactive waste disposal sites that ceased operation on or before July 9, 1981. These inactive disposal sites are already regulated by State rules that were approved by EPA on May 23, 2003. NH DES's request seeks to adjust the federal rules by demonstrating the equivalency of its rules to the federal requirements.
Export Notification; Change to Reporting Requirements; Technical Correction
Document Number: E6-20148
Type: Rule
Date: 2006-11-28
Agency: Environmental Protection Agency
EPA issued a final rule in the Federal Register of November 14, 2006, concerning amendments to the Toxic Substances Control Act (TSCA) section 12(b) export notification regulations at subpart D of 40 CFR part 707. This document is being issued to correct a typographical error.
Approval and Promulgation of Implementation Plans; Georgia: Removal of Douglas County Transportation Control Measure
Document Number: E6-20141
Type: Rule
Date: 2006-11-28
Agency: Environmental Protection Agency
On September 19, 2006, the State of Georgia's Department of Natural Resources (DNR), through the Georgia Environmental Protection Division (GA EPD), submitted a final State Implementation Plan (SIP) revision to remove the transportation control measure (TCM) related to a compressed natural gas (CNG) refueling station/park and ride transportation center project in Douglas County, Georgia. This TCM was originally submitted by GA EPD for inclusion into the Atlanta portion of the Georgia SIP on August 29, 1997. EPA approved this TCM into the Georgia SIP through direct final rulemaking published in the Federal Register on June 24, 1998 (effective on August 10, 1998). Subsequently, the project sponsor determined that the equipment necessary to implement this project is no longer available, and thus this TCM cannot be implemented as originally anticipated. No SIP credit was claimed for this program, nor were emissions benefits ever realized for this TCM because it was never implemented. Through this rulemaking, EPA is approving the removal of this TCM from the Atlanta portion of the Georgia SIP because this SIP revision meets Clean Air Act (CAA) requirements.
Approval and Promulgation of Implementation Plans; Georgia: Removal of Douglas County Transportation Control Measure
Document Number: E6-20140
Type: Proposed Rule
Date: 2006-11-28
Agency: Environmental Protection Agency
On September 19, 2006, the State of Georgia's Department of Natural Resources, through the Georgia Environmental Protection Division (GA EPD), submitted a final State Implementation Plan (SIP) revision to remove the transportation control measure (TCM) related to a compressed natural gas refueling station/park and ride transportation center project in Douglas County, Georgia. This TCM was originally submitted by GA EPD for inclusion into the Atlanta portion of the Georgia SIP on August 29, 1997. EPA approved this TCM into the Georgia SIP through direct final rulemaking published in the Federal Register on June 24, 1998 (effective on August 10, 1998). Subsequently, the project sponsor determined that the equipment necessary to implement this project is no longer available, and thus, this TCM cannot be implemented as originally anticipated. No SIP credit was claimed for this program, nor were emission benefits ever realized for this TCM because it was never implemented. Through this rulemaking, EPA is proposing to approve the removal of this TCM from the Atlanta portion of the Georgia SIP because this SIP revision meets Clean Air Act requirements. In the Final Rules Section of this Federal Register, EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.
Oral Dosage Form New Animal Drugs; Neomycin
Document Number: E6-20126
Type: Rule
Date: 2006-11-28
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Sparhawk Laboratories, Inc. The ANADA provides for use of neomycin sulfate oral solution in livestock for the treatment and control of bacterial enteritis.
Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes
Document Number: E6-20122
Type: Proposed Rule
Date: 2006-11-28
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a report of a master cylinder yoke failure. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.
Medical: Informed Consent-Extension of Time Period and Modification of Witness Requirement for Signature Consent
Document Number: E6-20111
Type: Rule
Date: 2006-11-28
Agency: Department of Veterans Affairs
This document adopts as a final rule the proposed rule amending the Department of Veterans Affairs (VA) medical regulations on informed consent. This final rule extends the period of time during which a signed consent form remains valid from 30 to 60 days and eliminates the requirement that a third-party witness the patient or surrogate and practitioner signing the consent form, except in those circumstances where the patient or surrogate signs with an ``X'' due to a debilitating illness or disability, i.e., significant physical impairment and/or difficulty in executing a signature due to an underlying health condition(s), or is unable to read and write.
Technical Amendments: Transfer of Office Functions and Removal of Obsolete Regulations
Document Number: E6-20104
Type: Rule
Date: 2006-11-28
Agency: Department of Energy
DOE has created a new Office of Health, Safety and Security to strengthen and improve formulation and implementation of health, safety and security policy. Incident to creation of the new office, DOE has transferred certain health, safety and security functions to the new office that previously were carried out by the Office of Environment, Safety and Health and the Office of Security and Safety Performance Assurance. Certain functions related to DOE's responsibilities under the National Environmental Policy Act have been transferred to the Office of the General Counsel. Other functions outside of the core mission of health, safety and security have been transferred to other DOE offices performing similar or related functions. This notice of final rulemaking makes technical amendments to DOE's regulations to substitute the officials to whom or offices to which functions have been transferred pursuant to the reorganization of offices and functions. DOE also is removing Office of Environment, Safety and Health regulations in 10 CFR part 852 because Congress has transferred that authority to the Department of Labor. Today's regulatory amendments do not alter substantive rights or obligations under current law.
Florida: Lockheed Martin Aeronautics Company
Document Number: E6-20077
Type: Proposed Rule
Date: 2006-11-28
Agency: Environmental Protection Agency
Pursuant to section 110 of the Clean Air Act (CAA), 42 U.S.C. 7410, EPA is proposing to approve a revision to the Florida State Implementation Plan (SIP) submitted by the Florida Department of Environmental Protection (FDEP) on June 8, 2005. The revision is source-specific to the Lockheed Martin Aeronautics Company (LM), located in Pinellas County, Florida, and regards that facility's compliance with Florida's Surface Coating of Miscellaneous Metal Parts and Products Reasonably Available Control Technology rule, found at Florida Administrative Code (F.A.C.) Rule 62-296.513 (FL MMPP Rule). The source-specific SIP revision seeks to allow LM to employ as reasonably available control technology (RACT) the control techniques outlined in EPA's December 1997, ``Aerospace Control Technique Guidelines'' (EPA's Aerospace CTG), instead of the RACT described in the FL MMPP Rule. The source-specific SIP revision is approvable because it meets the standards for approval described in section 110(l) of the CAA. In the Rules Section of this Federal Register, the EPA is taking direct final action to approve the Florida SIP revision without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final action. If no significant, material, and adverse comments are received in response to the direct final action, no further activity is contemplated. If EPA receives adverse comments, the direct final action will be withdrawn and all public comments received will be addressed in a subsequent final action based on this proposed action. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.
Approval and Promulgation of Implementation Plans Florida: Lockheed Martin Aeronautics Company
Document Number: E6-20073
Type: Rule
Date: 2006-11-28
Agency: Environmental Protection Agency
EPA is taking direct final action under section 110 of the Clean Air Act (CAA), 42 U.S.C. 7410, to approve a revision to the Florida State Implementation Plan (SIP) submitted by the Florida Department of Environmental Protection (FDEP) on June 8, 2005. The revision is source-specific to the Lockheed Martin Aeronautics Company (LM), located in Pinellas County, Florida, and regards that facility's compliance with Florida's Surface Coating of Miscellaneous Metal Parts and Products Reasonably Available Control Technology rule, found at Florida Administrative Code (F.A.C.) Rule 62-296.513 (FL MMPP Rule). The source-specific SIP revision seeks to allow LM to employ as reasonably available control technology (RACT) the control techniques outlined in EPA's December 1997, ``Aerospace Control Technique Guidelines'' (EPA's Aerospace CTG), instead of the RACT described in the FL MMPP Rule. The source-specific SIP revision is approvable because it meets the standards for approval described in section 110(l) of the CAA.
Selection and Functions of Farm Service Agency State and County Committees
Document Number: E6-20052
Type: Proposed Rule
Date: 2006-11-28
Agency: Office of the Secretary, Department of Agriculture
This proposed rule would amend the regulations governing the selection and functions of Farm Service Agency (FSA) State and county committees in accordance with the Soil Conservation and Domestic Allotment Act, as amended (the Act).
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction
Document Number: 06-9439
Type: Rule
Date: 2006-11-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS reduces the trip limit in the commercial hook-and-line fishery for king mackerel in the northern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource.
Atlantic Highly Migratory Species (HMS); U.S. Atlantic Swordfish Fishery Management Measures
Document Number: 06-9436
Type: Proposed Rule
Date: 2006-11-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to amend regulations governing the U.S. Atlantic swordfish fishery to enable a more thorough utilization of the U.S. North Atlantic swordfish quota. The U.S. North Atlantic swordfish quota is derived from the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA). For the past several years, the U.S. Atlantic swordfish fishery has not fully harvested its available quota. The objective of this proposed action is to provide a reasonable opportunity for U.S. vessels to fully harvest the ICCAT-recommended U.S. North Atlantic swordfish quota, as specified in the Magnuson-Stevens Act, in recognition of the improved stock status of North Atlantic swordfish. This proposed rule would increase swordfish retention limits for Incidental swordfish permit holders, and modify recreational swordfish retention limits for HMS Charter/headboat and Angling category permit holders. The proposed rule would also modify HMS limited access vessel upgrading restrictions for pelagic longline (PLL) vessels. These actions are necessary to address persistent underharvests of the domestic swordfish quota, while continuing to minimize bycatch to the extent practicable, so that swordfish are harvested in a sustainable, yet economically viable manner.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 06-9435
Type: Rule
Date: 2006-11-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that the daily Atlantic bluefin tuna (BFT) retention limits for the Atlantic tunas General category should be adjusted to provide reasonable opportunity to harvest the General category December time-period subquota. Therefore, NMFS increases the daily BFT retention limits for the entire month of December, including previously scheduled Restricted Fishing Days (RFDs), to provide enhanced commercial General category fishing opportunities in all areas while minimizing the risk of an overharvest of the General category BFT quota.
Standard Time Zone Boundary in Pulaski County, IN
Document Number: 06-9432
Type: Proposed Rule
Date: 2006-11-28
Agency: Office of the Secretary, Department of Transportation
DOT proposes to relocate the time zone boundary in Indiana to move Pulaski County from the Central Time Zone to the Eastern Time Zone. This action is taken at the request of the County Commissioners and the County Council. DOT requests comment on whether this change would serve the convenience of commerce, the statutory standard for a time zone change. Persons supporting or opposing the change should not assume that the change will be made merely because DOT is making the proposal. Our decision in the final rule will be made based on all of the information developed during the entire rulemaking proceeding.
Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes
Document Number: 06-9429
Type: Proposed Rule
Date: 2006-11-28
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the discovery of propeller control cables with a defective crimping. Two cable ends were found uncrimped at the factory after an engine run-up test, and one cable end was also found uncrimped on the first 100 hour aircraft maintenance check. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.
Airworthiness Directives; Short Brothers & Harland Ltd. Models SC-7 Series 2 and SC-7 Series 3 Airplanes
Document Number: 06-9427
Type: Proposed Rule
Date: 2006-11-28
Agency: Federal Aviation Administration, Department of Transportation
We propose to revise Airworthiness Directive (AD) 2003-17-05, which applies to all Short Brothers & Harland Ltd. (Shorts) Models SC-7 Series 2 and SC-7 Series 3 airplanes. AD 2003-17-05 currently establishes a technical service life for these airplanes and allows you to incorporate modifications, inspections, and replacements of certain life limited items to extend the life limits of these airplanes. Since we issued AD 2003-17-05, Shorts Service Bulletin SB 51-51 was revised to Revision 8, dated July 5, 2006, and the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, issued an AD for the European Community to correct an unsafe condition for the specified product. AD 2003-17-05 contains conflicting information on the repetitive visual inspection requirement. Consequently, this proposed AD would retain the technical service life for these airplanes; would continue to allow modifications, inspections, and replacements of certain life limited items to extend the life limits of these airplanes; and would clarify the repetitive visual inspection requirement between one of the service bulletins and the maintenance program if an operator chooses to extend the life limit. The actions specified by this proposed AD are intended to clarify the inspection information to prevent failure of critical structure of the aircraft caused by fatigue.
Sale or Rental of Sexually Explicit Material on DoD Property (DoD Instruction 4105.70)
Document Number: 06-9417
Type: Rule
Date: 2006-11-28
Agency: Office of the Secretary, Department of Defense
On Wednesday, November 15, 2006 (71 FR 66457), the Department of Defense published a final rule, ``Sale or Rental of Sexually Explicit Material on DoD Property (DoD Instruction 4105.70)''. This document corrects an error in the summary.
Public Hearing by the Commission To Take Action on Certain Projects; Revision of the SRBC Project Fee Schedule; Final Rule Making; and Incorporation of the Final Rule Making Action in the SRBC Comprehensive Plan
Document Number: 06-9411
Type: Proposed Rule
Date: 2006-11-28
Agency: Susquehanna River Basin Commission, Agencies and Commissions
Pursuant to its authority under the Susquehanna River Basin Compact, Pub. L. 91-575, 84 Stat. 1509 et seq. (the ``Compact'') and its Regulations for Review of Projects, 18 CFR parts 803, 804 and 805, the SRBC will hold a public hearing to consider approval of certain water resources projects listed below, including two projects involving diversions, at its meeting to be held on December 5, 2006 at the Radisson Penn Harris Hotel and Convention Center, 1150 Camp Hill By- Pass, Camp Hill, Pa. 17011, beginning at 1 p.m. Also to be considered as part of this same public hearing will be (1) A final rule making action (see proposed rules, Federal Register, July 7, 2006, page 38692), (2) incorporation of the final rule making action into the SRBC Comprehensive Plan for Management and Development of the Water Resources of the Susquehanna River Basin; and (3) a revision of the Commission's current project fee schedule to make certain annual adjustments to that schedule and to conform the fee schedule to the final rule making action. Opportunity to appear and comment: Interested parties may appear at the above hearing to offer written or oral comments to the Commission on the listed projects or the other matters to be schedule for action at the hearing. Written comments may also be submitted to the electronic and regular mail addresses listed below. The chair of the Commission reserves the right to limit oral statements at the hearing in the interest of time and to otherwise control the course of the hearing.
Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Tidewater Goby (Eucyclogobius newberryi
Document Number: 06-9291
Type: Proposed Rule
Date: 2006-11-28
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to revise currently designated critical habitat for the tidewater goby (Eucyclogobius newberryi) under the Endangered Species Act of 1973, as amended (Act). We originally designated critical habitat for the tidewater goby on November 20, 2000 (65 FR 69693). We are proposing to revise the critical habitat for the tidewater goby to a total of approximately 10,003 acres (ac) (4,050 hectares (ha)). This is an increase of approximately 8,422 ac (3,408 ha) from the currently designated critical habitat. In the previous rule, critical habitat was only designated in Orange and San Diego Counties due to uncertainty over the future listing status of tidewater goby populations to the north. The proposed revised critical habitat is located in Del Norte, Humboldt, Mendocino, Sonoma, Marin, San Mateo, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura, and Los Angeles Counties, California.
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